Case Note & Summary
This batch of writ petitions challenged the declaration of Chandrapur as a dry district. The petitioners, holders of licenses under the Maharashtra Prohibition Act, 1949, were aggrieved by the State Government's order dated 05.03.2015, which prohibited the issuance of liquor licenses and cancelled existing ones from 01.04.2015. They contended that the order violated Articles 14 and 21 of the Constitution and also challenged the vires of Section 139(1)(a) of the Act, specifically the phrase 'in any area', as permitting arbitrary prohibition. Additionally, the petitions sought a declaration that the Maharashtra Prohibition Act, 1949 was rendered ultra vires after the enactment of the Industries (Development and Regulation) Act, 1951, though this argument was not advanced during hearings. The background involved the State's policy to enforce total prohibition in Chandrapur, which borders already dry districts Gadchiroli and Wardha. The Deotale Committee, formed by the previous government, conducted a survey and hearings after public advertisement, receiving representations from all stakeholders including license holders. The petitioners argued that the majority of Gram Panchayats opposed the ban, while the State maintained that prohibition was necessary in the public interest, given the presence of tribal areas and demands from women and local bodies. The matter was heard by a Division Bench comprising Justices B.P. Dharmadhikari and V.M. Deshpande, who reserved judgment on 26.11.2015. The judgment excerpt does not contain the final decision or ratio, and thus the outcome remains undisclosed. The court had before it the constitutional validity of the prohibition order and the statutory provision, along with the broader question of legislative competence. The arguments detailed the process followed by the Deotale Committee and the grounds for the petitioners’ opposition, but the court's analysis and final orders are not part of the provided text.
Headnote
A) Constitutional Law - Validity of Prohibition Order - Article 14, 21, Maharashtra Prohibition Act, 1949, Section 139(1) - The State declared Chandrapur a dry district from 01.04.2015 under Section 139(1) prohibiting issuance of licenses and canceling existing ones. Petitioners challenged this as arbitrary and violative of Article 14 and 21. The court heard arguments and reserved judgment. (Paras 1-4)
B) Constitutional Interpretation - Delegated Legislation - Meaning of 'in any area' in Section 139(1)(a) - Article 14 - Petitioners sought to quash the phrase 'in any area' as unconstitutional and violative of Article 14, arguing it permits prohibition without proper criteria. No decision on this point yet. (Paras 1-2)
C) Federalism - Legislative Competence - Repugnancy - Articles 246, 254, Industries (Development and Regulation) Act, 1951 - Petitioners sought declaration that the Maharashtra Prohibition Act, 1949 became ultra vires after the Industries (Development and Regulation) Act, 1951, but this contention was not pressed during arguments. (Para 1)
Issue of Consideration
Whether the order dated 05.03.2015 declaring Chandrapur a dry district is valid and constitutional; whether Section 139(1)(a) of the Maharashtra Prohibition Act, 1949 is ultra vires Article 14 of the Constitution; and whether the Maharashtra Prohibition Act, 1949 is rendered ultra vires after the enactment of the Industries (Development and Regulation) Act, 1951
Law Points
- Prohibition of alcohol in public interest under Section 139(1) of Maharashtra Prohibition Act
- 1949
- constitutional validity of delegated legislation
- Article 14 challenge to arbitrariness
- repugnancy under Article 254
Case Details
2016 LawText (BOM) (01) 137
Writ Petition Nos. 1360 of 2015, 1366 of 2015, 1367 of 2015, 1419 of 2015, 1518 of 2015, and 2120 of 2015
B.P. Dharmadhikari, V.M. Deshpande
Shri Arif Bookwala, Senior Counsel with Advocates Akshay Naik and Devendra Chauhan for Petitioners in W.P. No. 1360/15; Shri S.P. Dharmadhikari, Senior Counsel with Advocates Devendra Chauhan and Akshay Naik for Petitioners in W.P. No. 1366/15; Shri Devendra Chauhan and S.P. Bodalkar Advocates for petitioners in W.P. No. 1367/15 and 1419/15; Shri Mahesh Rai Advocate for petitioners in W.P. No. 1518/15; Shri Abhay Sambre Advocate for Petitioner in W.P. No. 2120/15; Shri S.G. Aney, Advocate General with Smt. Bharti Dangre, Government Pleader for respondents in all petitions
Rajendrakumar s/o Shailendrakumar Dixit and Others (W.P. No. 1360/15), Chandrapur District Liquor Association (W.P. No. 1366/15), Vilas s/o Dharmaji Nerkar and Others (W.P. No. 1367/15), Vijay Narayan Pallewar and Others (W.P. No. 1419/15), Ganesh Narayan Jivtode and Others (W.P. No. 1518/15), Tadoba Paryatak Hotel Seva Sanghatna (W.P. No. 2120/15)
The State of Maharashtra through its Secretaries in the Department of Home & State Excise and The Collector, Chandrapur (in all petitions); additionally A.S. Gharge, Joint Secretary, Home Department and The Commissioner of State Excise in W.P. No. 1518/15
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Nature of Litigation
Challenge to the declaration of Chandrapur as a dry district under the Maharashtra Prohibition Act, 1949, and constitutional validity of Section 139(1)(a) of the Act
Remedy Sought
Quashing of order dated 05.03.2015 declaring Chandrapur a dry district from 01.04.2015; quashing of the words 'in any area' in Section 139(1)(a) as unconstitutional; declaration that the Maharashtra Prohibition Act, 1949 is ultra vires post the Industries (Development and Regulation) Act, 1951; and mandamus not to violate Article 14
Filing Reason
The State Government declared Chandrapur a dry district under Section 139(1) of the Maharashtra Prohibition Act, 1949, prohibiting issuance of licenses and cancelling existing ones under Section 56(1), thereby extinguishing the petitioners' licenses and affecting their business and fundamental rights
Issues
Whether the order dated 05.03.2015 declaring Chandrapur a dry district is valid and constitutional, being non-arbitrary and in the interest of general public under Article 14 and 21
Whether the phrase 'in any area' in Section 139(1)(a) of the Maharashtra Prohibition Act, 1949 is unconstitutional for permitting prohibition in smaller areas without sufficient criteria, violating Article 14
Whether the Maharashtra Prohibition Act, 1949 is rendered ultra vires after the enactment of the Industries (Development and Regulation) Act, 1951, in view of Article 246 read with Article 254 of the Constitution (not pressed during arguments)
Submissions/Arguments
Petitioners contended that the order declaring Chandrapur a dry district was arbitrary and unreasonable, violating Article 14; and that the majority of Gram Panchayats opposed the ban, thus the impugned action should be quashed.
Petitioners further argued that Section 139(1)(a) of the Maharashtra Prohibition Act, 1949, particularly the phrase 'in any area', is unconstitutional as it permits prohibition in smaller areas without adequate reason, violating Article 14.
Petitioners also initially sought a declaration that the Maharashtra Prohibition Act, 1949 is ultra vires after the Industries (Development and Regulation) Act, 1951, but this contention was not pressed during arguments.
The State Government defended the notification by stating that Gadchiroli and Wardha are already dry districts, and allowing liquor in Chandrapur, which borders both, jeopardizes effective prohibition; that part of Chandrapur is a tribal undeveloped area where women and Gram Panchayats have demanded total prohibition; and that the Deotale Committee, formed by the previous government, conducted a fair survey after public notice, hearing all stakeholders including license holders.
Judgment Excerpts
All Petitioners in these writ petitions are aggrieved by the declaration of Chandrapur as a dry district.
Maharashtra Prohibition Act,1949 is hereafter referred to as the Prohibition Act.
State also clarified for removal of doubt that from said date, licenses in force shall stand canceled on taking action under Section 56(1) of the Act.
Two adjacent Districts in State of Maharashtra viz. Gadchiroli and Wardha are already dry districts, where the State Government has decided not to part with its absolute privilege and not to make any exceptions by issuing the licenses.
The Deotale Committee which undertook the survey was not formed by the present government (political body in power) but, by its opponents then in power.
Procedural History
Writ petitions were filed challenging the order dated 05.03.2015. The petitions were argued on 26.11.2015, and judgment was reserved and pronounced on 07.01.2016. The court heard senior counsel and advocates for petitioners and the Advocate General for respondents.
Acts & Sections
- Maharashtra Prohibition Act, 1949: Section 1, Section 56(1), Section 139(1)(a), Appendix 1A
- Constitution of India: Article 14, Article 21, Article 246, Article 254
- Industries (Development and Regulation) Act, 1951:
- Societies Registration Act, 1860:
- Bombay Public Trust Act, 1950:
